For the purpose of the TRIPS Agreement, GIs are intellectual property, eligible for relief from acts of infringement and/or unfair competition. The registration of geographical indications confers certain rights on the registered proprietor and the authorized user and they can institute suit for infringements of geographical indication. However, a protected geographical indication does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication. Protection for a geographical indication is usually obtained by acquiring a right over the sign that constitutes the indication.
Kolhapuris can be traced back to 12th century when King Bijjal ruled Bidar in Karnataka. King’s Prime Minister Vishwaguru Basavanna, wanted to create a casteless society and remove the stigma attached to the cobbler community, thus, the community embraced Lingayat faith and used its special skills to start producing footwear that came to be known equally for its ruggedness and regal bearing. These hand-crafted leather footwears are tanned using vegetable dyes. The artisans engaged in making these chappals have passed their trade secrets and skills from one generation to another.
‘Kolhapuri’ as a Brand was created only at beginning of 20th century when footwear began to be traded in Kolhapur (Maharashtra). Later, Chhatrapati Shahu Maharaj of Kolhapur encouraged its production and 29 tanning centres were opened during his rule in Kolhapur.
Recently, the Controller General of Patents, Designs and Trade Marks (CGPDTM) has granted Geographical Indication (GI) tag for Kolhapuris, the ethnic leather chappal (footwear) to four districts in each state of Maharashtra and Karnataka. To elaborate, for these chappals to receive Kolhapuri name, they must be produced by artisans specifically from Kolhapur, Solapur, Sangli and Satara districts of Maharashtra and Dharwad, Belgaum, Bagalkot and Bijapur districts of Karnataka and –‘one of the activities of either the production or of processing or preparation must take place in such territory’ [per section 2(e) of GIGA, 1999]. Each step in production to the final packaging would be monitored by the registered proprietor/s (LIDCOM and LIDKAR) and only they would be legally entitled to brand the finished chappals with the seal of ‘KC’, qualifying them as authentic Kolhapuris.
With this GI Tag, the Kohlapuri Chappals can be marketed in domestic and global markets. The artisans can tie up with top ecommerce players for more profit and the GI tag will also help them tackle illegal imitations of the footwear brand.
As per Historical records, Odisha Rasagola has an age-old tradition and is associated with world famous Puri Jagannath Temple as it is offered to Lord Jagannath as part of bhog since centuries. Reference of rasagola was found in late 15th century, Odia (Dandi) Ramayana written by Balaram Das.
Odisha Rasagola is a sweet from state of Odisha, made of chhena (cottage cheese) cooked in sugar syrup, which is very soft to feel, is juicy and non- chewy in consistency and can be swallowed without pressure from teeth. Colour development of Odisha Rasagola is very specific, where without addition of external colour, various intensely-coloured rasagolas are prepared u sing principle of caramelisation of sugar with a very specific methods of preparation.
After years of controversy around this sweet, Rasagola, a popular dessert of Odisha, has recently received Geographical Indication (GI) tag in GI Registry from Registry from Registrar of Geographical Indication. Odisha and West Bengal have been at loggerheads over the origin of the delicacy since 2015. While Odisha claims that ‘Rasagola’ has been offered at Jagannath Temple in Puri by the Odias since the 12th century, West Bengal says the sweet was originated within its geography and was first made in 1868 by famous sweetmeat-maker Nabin Chandra Das. While West Bengal got its GI tag for ‘Banglar Rasogolla’ in 2017, Odisha waited for its tag till July 2019.
With the GI tag, the Odisha Rasagola now appears in Class 30 of GI tagged products that include items such a tea, coffee, cocoa, tapioca, salt, vinegar, mustard, spices, honey, bread and more. The GI tag for Bengal and Odisha Rasagola recognise two distinct versions of the sweet.
Successful GIs, like any valuable brands, are limited in number and not easy to achieve. Like trademarks, only a small proportion of them has actually reached significant economic importance. Although protection of local names is part of a useful strategy, it may be more valuable to develop appropriate levels of quality, consistency of supply, and credible assurance systems such as those embodied in standards and traceability. There are some pre-conditions and they require a well-thought-out strategy and resources to execute the strategy.
Protecting GIs is a vital element in this process of developing them but it is clearly not sufficient for ensuring their success. Commercially successful GIs do not simply arise, and developing countries like India need to play their part to create it.
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